Jharkhand High Court
Kaushilya Devi vs The Central Coalfields And Others on 15 September, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Civil Review No. 91 of 2022
Kaushilya Devi ...... Petitioner
Versus
The Central Coalfields and Others ...... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Nand Kishore Pd. Sinha, Advocate
For the CCL : Mr. Anoop Kr. Mehta, Advocate
05/Dated: 15/09/2023
This petition has been filed for review of order dated 24.07.2019
passed in W.P.(S) No. 264 of 2012.
2. Learned counsel for the petitioner submits that the said order has
been passed erroneously on the ground that there is no provision of
appointment on compassionate for the sister of the deceased-employee in
NCWA. He submits that the petitioner against the order dated 24.07.2019
passed by this Court has filed L.P.A. No. 46 of 2020 which was dismissed as
withdrawn with liberty to prefer review petition. He submits that is why the
present review petition has been filed. He submits that even the sister is
entitled for employment on compassionate ground.
3. Mr. Mehta, the learned counsel for the respondent C.C.L. submits
that the point on which the said writ petition was disposed of again reiterated
by the Division Bench of this Court in L.P.A. No.161 of 2022 which was decided
by the order dated 23.02.2023. It appears from the paragraph no.2 of the said
judgment of the said L.P.A that the dispute in that L.P.A was with regard to
compassionate appointment of sister under clause 9.3.0 of Chapter-IX of the
prevalent N.C.W.A. The Division Bench has considered that the learned Single
Judge relying on L.P.A. No.617 of 2017 and L.P.A. No.475 of 2017 passed the
order which was the subject matter in the present L.P.A. No.161 of 2022. In
paragraph no.5 the specific issue with regard to entitlement of sister for
appointment on compassionate ground, the issue was framed in the said L.P.A
and in paragraph no.6, 8 and 9, the different judgments have been considered
and finally the conclusion is made in paragraph no.10 which is quoted below:
10) Thus, it is clear that compassionate appointment can be made or
directed to be made only if it comes within the four corners of the rules or
scheme framed thereunder. In this case, there is an agreement between
the Management and the Union Representatives in pursuance thereof, the
National Coal Wage Agreement has been entered upon and as per the
judgment pronounced by the Hon'ble Supreme Court in the case of Mohan
Mahto Vs. Central Coalfields Ltd & ors (supra), this agreement is binding on
the parties in terms of Section 18(3) of the Industrial Disputes Act, 1947. In
that view of the matter, this Court is of the opinion that the judgment
passed by the learned Single Judge applying the judgment passed by the
Division Bench in L.P.A. No.617 of 2017 is per incuriam. The learned Single
Judge has not considered the settled principle of law as enunciated above
and in that, we are inclined to allow the appeal and the appeal is
accordingly allowed. The judgment dated 04.11.2020 passed in W.P. (S)
No. 5577 of 2018 is hereby set aside.
4. In view of above facts and considering the order passed by the
Division Bench in L.P.A. No. 161 of 2022 and looking into para 10 of the said
judgment as has been quoted here-in-above, the Court finds that there is no
apparent error on the record and the said order has rightly been passed. No
case of review is made out. No relief can be extended to the petitioner.
Accordingly, this petition is dismissed. Pending I.A, if any, stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/
